raspberry. david: standing up for millenials. >> standing up for millenials. are we worried about the calculator, texas instruments type calculator. david: jonathan is right. good news. shows you what google can do. "bulls & bears". >> investor shaking off jitters in the session over showdown with iran. melissa: irtehran hundreds of thousands mourners flooding the streets. what now after a u.s. drone strike takes out iran's military leader. we'll ask senator mike brown of the armed services committee all about it. on to the battle over impeachment. president trump demanding a quickened while senator lindsey graham says if speaker nancy pelosi does not deliver articles of impeachment by

week's end, the senate should take matters into its own hands. we'll have the latest on that. scenes of devastation from australia. deadly wildfires spreading, forcing more evacuations and leaving others trapped. tonight the government promising to pour $1.4 billion into recovery efforts. we are on the ground there with the latest. i'm melissa francis, in for elizabeth macdonald. "the evening edit" stars right now. ♪. melissa: now the latest development on iran. hillary vaughn is live in d.c. with the details. hillary. reporter: melissa, in an ongoing war on words on twitter top iranian officials and the president are trading blows. president trump tweeting earlier today, simply this in all caps, iran will never have a nuclear weapon. but a top advisor to iranian

president rouhani, that trump is to blame for deteriorating the relations. we have zero problems with the american people. we achieved deals with u.s. administration. our sole problem is the trump. in the event of war he will bear full responsibility. in a radio interview with rush limbaugh this afternoon, president trump said he took care of what the administrations under president obama and president bush didn't during their time in the white house. the president is saying soleimani was a terrorist designated by obama but obama did nothing about it. saying president bush did nothing about it. he should have been taken out. so president trump saying he did what he could do when he had a shot to take him out. the white house promise as crackdown after iran says they will withdraw from the 2015 agreement to not stockpile nuclear material the department of homeland security has their eye on a different type of weapon that iran already has on

hand, a cyber weapons. two days ago dhs issuing a national terrorism advisory bulletin warning that iran has a arsenal of cyber weapons at their fingerprints and a robust program strong enough to attack critical u.s. infrastructure. iran's attacks may have already started. over the weekend several websites were hijacked by hackers displaying pro-iran, anti-u.s. messages. one was a website for the federal depository library program but dhs cybersecurity agency director tells me they are more concerned that iran will launch a large-scale cyberattack targeting financial institutions and big banks. melissa. melissa: hillary vaughn, thank you. republican senator mike rounds of south dakota sits on the armed services committee. he joins us now. thanks for coming on the program. have you seen any evidence that there was another attack that was planned imminently or do you have any knowledge of that? >> we have a classified session

planned for this coming wednesday for all senators. we also have a classified report that we're scheduling into review. based upon those, we should have more evidence than what we have today. but we have no reason to doubt what the administration has been saying. this is not the first time that this particular individual has been actively involved in terrorist activities. look, he has been their strategist. he has been their tactician. he is an individual who is literally responsible for the creation of, and the attacks of, based upon ieds of over 600 americans over a period of years. we're not even talking about the number of americans that have been maimed because of his activities. he has not been somebody standing on the sidelines. he has been passively involved. melissa: does it matter in that sense what is in these reports? if it comes out it isn't convincing evidence there was a imminent attack about to happen, in your mind does that mean that

this action wasn't justified? or does it not matter? >> not so much that it doesn't matter. i do think it matters. but, i also believe that it is going to be a matter of if it was not imminent, it was a matter of this was in a series of different attacks that clearly were escalating in nature and most certainly he is the man who has been manipulating it. he indicated that in his own words. when it comes to anything going on in iraq or syria he made it very clear he is the individual responsible for iranian activity and so let me just lay this out for you very quickly. first of all, if it is simply a matter of escalating and when they escalated and they brought in their surrogates to attack the united states embassy, that is u.s. soil. when they do that, they step over the line but second of all, this is not the first time he has done it. we have been attacked on 11 different occasions. he has been involved in all of them because this is his part of

the world he is responsible for. finally i have no reason to doubt our administration when they say, that there were more in the pipeline. when they were occurring, we don't know yet. we hope to find out more information. most certainly we want to learn as much as we can about how serious and when those attacks were going to occur. melissa: we heard from so many other people that there were, the last two presidents had the same opportunity to do this and chose not to. do you think that was a mistake and should have done it? >> this president had opportunity earlier i believe. he decided this was the appropriate time based on his desire to save american lives and remember this was an escalation. they attacked american property. they put american lives at risk on american soil because that embassy is american soil. they never should have done it. they knew better. they were escalating it. they were poking the bear is what they were doing and what they found out is, enough is enough. you have done it enough and now

there is going to be, there is going to be step on our part to send a message not just to the leaders but to the rest of the world out there, that if you push us far enough we will not have, we'll only have so much patience. we'll respond and stop this stuff. melissa: what happens from here? as you know democrats are up in arms saying that the president has courted war, he is essentially starting world war iii here? >> look, they have shown great propensity to talk a lot of political negativity when it comes to our president. they're never going to admit he has done anything right. they haven't sense he started. they never give him credit for anything. but the bottom line, this president stood up and said, enough is enough. i walked away from previous attempts to irritate us. he didn't attack them earlier when he had the opportunity, when they were attacking shipping but they made it very clear there was a red line. that red line is, if you harm americans, which at the did in this particular case, he

responded appropriately by taking out some people in the bases that caused those attacks where we lost american lives, they came right back and this was planned. they knew what they were doing. they were escalating. they were going to push us as hard as they could, as hard as they could, find out how long we would take it. what they found out is, when we say we'll do something, we'll do it. by golly i don't have any problems at all with this president taking decisive action. he had a number of things he could have done. he decided on this particular role. now we'll get a classified report and we'll learn the rest of the story about what was going on. melissa: the question comes, what happens from here because the president proved himself to be somewhat unpredictable. as you said he didn't respond until this point, then he responds very hard. others have said the best advice is to go in at this point, people like general jack keane, now you struck so hard, offer one more chance to sit down and negotiate? does that make sense, and do you

have any inkling what is going on? >> we also don't want war but we will not also get pushed and shoved around. in this particular case when they attacked american soil, when they took on our embassy, after killing americans, it was time to stop that activity. it was time to send a powerful message. the president had a number of options available. he chose for one, quick, strong message. not just escalating at this time or fat. what he said was, if you want to flay this -- play this game, and that is exactly what he did. that is exactly what this president has done. i have no problems with the decision that was made at that point but i do want to learn more about what was being planned. melissa: what was in the pipeline. >> what we're going to do to defend against the next escalatory activity they might do to save face. melissa: senator mike rounds,

thanks for coming on. i hope you come back tell us when you learn more. >> thank you. melissa: the markets now, stocks finishing higher in a major turn around as investors shrug off the middle east tension we were just talking about. jackie deangelis joins us from the new york stock exchange with more. >> good evening, melissa. big reversal from the market with the dow down 200 points. it finished the session up 68. we saw gold up a little bit of a path, flight to safety, finishing higher by about 15 bucks instead of 25, so giving some back. meantime turning to one of the big stories of the day, boeing stock one to watch. this was supposed to be a year of a fresh start for the company with a new ceo. well, now federal regulators saying there could be other problems that were under disclosed with the 737 max jet. one of them possibly including the wiring of the plane that helped control the tail of the max. of course this may be an impediment getting that plane back up in the air.

melissa. melissa: jackie, thank you. coming up, disgraced hollywood mogul harvey weinstein has been indicted on new sex crime charges in los angeles. this on the very day he was in court in new york to face the start of his separate sex crimes trial here. we will take you to australia where officials are promising another $1.4 billion to help the recovery efforts in the wake of those out of control fires that have killed at least 25 people. as a struggling actor, i need all the breaks that i can get. at liberty butchemel... cut. liberty mu... line? cut. liberty mutual customizes your car insurance so you only pay for what you need. cut. liberty m... am i allowed to riff? what if i come out of the water? liberty biberty... cut. we'll dub it. liberty mutual customizes your car insurance so you only pay for what you need. only pay for what you need.

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woven and molded into all the things we consume. we created bionic and put the word out with godaddy. what will you change? make the world you want. ♪. melissa: now to day one of the high-stakes sex crimes trial of disgraced film producer harvey weinstein. fox news ace laura engle is in new york city with the details. reporter: hi, melissa. harvey weinstein now facing charges on both coasts as the district attorney in los angeles announcing those charges today, that weinstein will face assault and rape charges in cases that date back to 2013. >> we believe the evidence will show that the defendant used his power and influence to gain access to his victims and then committed violent crimes against them. reporter: all this happening just hours after weinstein made his first court appearance of

the year in lower manhattan as jury selection is set to get underway tomorrow morning in the new york case, today marking a significant moment for the nearly 90 woman who have come forward since october of 2017 accusing weinstein of sexual misconduct, assault and rape. weinstein arrived in criminal court using a walker and appearing to need assistance. he faces five charges which resolve around different alleged incidents with two different women in 2006 and 2013. prosecutors in l.a. say they will wait for the new york case to run its course before bringing him to trial there on similar charges. he has maintained all his relationships and encounters were consensual. prosecutors want to call several witnesses what they call pattern of misconduct. jury selection begins first thing tomorrow morning. melissa. melissa: laura engle, thank you for that. now to california where those devastating wildfires over the past years are now rocking the real estate market.

susan li has the latest on this story. susan. reporter: after paying out $24 billion to cover wildfire damage the past few years insurers are hesitating to extend coverage to homes in the state. not just ones in the fire zones. this is having impact on the state real estate sector according to california's association of realtors. we have 27% of its members having issues getting fire insurance. as a result, 34% of real estate sales have now collapsed because you can't get coverage. that makes potential buyers more nervous about owning homes. in early december california instituting new rules banning insurers from refusing to renew home insurance policies one year after wildfire disaster, expanding that rule just a few weeks ago. this helps out one million homes, but it doesn't apply to new insurance policies. california, by the way, is one of the country's most expensive places to own a home. the median home price, jumping to over 600,000 in 2019,

according to the state's realtors association. that is more than double america's median home price. california suffering deadly wildfires the past two years. that includes the deadly campfire in 2018 which killed more than 80. utility company pg&e has been blamed for sparking some of those deadly blazes, agreeing to pay out 13 1/2 billion dollars in compensation. melissa? melissa: susan li, thank you for that. turning to former nissan chief carlos ghosn, he may be ducking japanese authorities who want answers after his brazen escape right under their noses, but there is one person he is willing to talk to. that is our own maria bartiromo. for that story, we turn to kristina partsinevelos for more. christina. reporter: melissa, carlos ghosn told fox business this weekend he has, quote, actual evidence to prove that the japanese were trying to intentionally take him down because he was trying to

merge nissan and renault. he has a press conference for wednesday where he plans to names of japanese officials. while in japan he alleges he was unable to speak to his wife even during the holidays, fueling desire to flee japan undetected n a hollywood style case he stuffed himself in black gearbox and with breathing holes and the box traveled via train, on to a private jet at the osaka international airport. according to "the wall street journal," the escape took months of planning involving 10 to 15 people. now japanese officials have tightened immigration measures after ghosn skipped bail and fled to lebanon. they are also considering electronic monitors for those on bail. ghosn was arrested in 2018 charges of financial crimes related to the time leading nissan motor. he denied the charges and told fox business he refused to sit in japanese apartment under surveillance when he would not get, quote a fair trial.

melissa he is willing to have the case heard in front of any court aside from japan. i'm sure more details will emerge this upcoming wednesday. back to you. melissa: wow, that is fascinating. thank you, christina. coming up senator lindsey graham says the senate should take matters into its own hands if speaker pelosi does not deliver articles of impeachment by the end of the week as president trump calls for a quick end to all of it. nato ambassadors meet in brussels after millions of iranian mourners took to the streets in tehran to honor their fallen general.

♪. melissa: massive and deadly fires burning across australia. now the australian government says it is willing to pay whatever it takes to help communities recover from the effects.

fox news's jeff paul joins us from new south wales australia. jeff. reporter: trees burning in every direction, massive plumes of ash and smoke billowing into the air, the sky tinted blood red by a wall of flames. this is australia right now, amidst the worst bush fire season in its history. it is showing no signs of stopping. >> hell and back. but we're alive. reporter: more than two dozen are dead, several are unaccounted for and fires that burned more than 12 million acres. two times the size of the state of maryland. the fires which started in september, at times moving so fast, some families given only a few minutes to get out. others were trapped and are rescued by boats. >> pretty scary. only out after horror movie. never seen anything like it. reporter: driven by scorching temperatures, strong winds, bush fires destroyed at least 2000

homes. >> everything is just gone. we have to the nothing. reporter: rain and cooler temperatures swept through the area in recent days, authorities warn it won't be enough. warm weather will return and bush fire season has a month to go. >> there is no room for complacency. reporter: australia's cherished wildlife is devastated. people doing their best to rescue kangaroos and koalas from the charred land cape. an estimated half a billion creatures have died. >> we have a -- on kangaroo island, that it is not burnable. it hurts. reporter: while the cause of the devastating fires are under investigation, since november, new south wales police have charged 24 people over allegations of deliberately lit bush fires. currently there are more than 135 fires burning in new south

wales alone. half are contained. they're bracing for a shift in weather that could see many fires roaring back to life. melissa. melissa: jeff, thank you. peter navarro telling maria bartiromo that the senate could prove the usmca trade deal as early as this friday. >> we're going to get that passed as early as friday or monday. here's how it works out. my good friend senator grassley is going to mark this bill up on tuesday in the finance committee. once it is marked up, leader mcconnell will have opportunity to put it on the floor. the beauty, maria of fast track legislation, it is maximum of 20 hours once it goes to the floor for the vote. we have got a large bipartisan support in the senate. so, possibly this week we could actually do some great people's business. melissa: that would be amazing. joining me hudson institute director of chinese strategy

michael pillsbury. thank you so much for joining us. we're folding into into the idea of getting usmca signed as soon as friday. and then, you bring on to the floor the chinese delegation coming to sign phase one of the deal, with president trump. that is what peter navarro said on january 15th. how hopeful of you are that? >> i am optimistic. i think president put a lot of time in last couple years on both the trade agreements. they're key to spurring better economic growth in 2020. i was a senate staffer about 10 years. aam afraid peter navarro may be on the optimistic side but i hope he is right. melissa: on the usmca you think he is optimistic? i think he was thinking that too. thinking about the timeline, those folks are not that efficient but yeah. >> good to be optimistic though. he did qualify it, peter navarro said possibly could go this way. the chinese agreement does not require congressional approval.

in many ways the real important success of the president. it has been covered almost every day in our major newspapers, especially "the wall street journal." on the ups and downs of the negotiations. so this is a real success. i'm a little bit cautious. i like to see the agreement signed and released. it is supposed to be 85 pages long. i need chinese translation of it, to make sure we have same understanding we do. so both of these together, mexico canada agreement, china trade phase one can really help president trump to prove that he has delivered. he is fulfilled his promises. he got confidence of the chinese, to make this deal. they really respect him. i've been over there six times, melissa, in the last three years since the inauguration. melissa: yeah. >> the chinese attitude towards president trump he is a deal-maker. he is very smart. we have to be careful but we've got to come across somehow to make a deal with him. that may be what is happening, maybe what happens next

wednesday. melissa: yeah. i mean you talked about the translation of the phase one deal. you know that the democrats, when we get the translation, are going to rip it apart and say, oh, my goodness, he god -- got hoodwinked. this and this and this is missing. >> yes. melissa: it is phase one so we don't expect everything to be in there but they will immediately start clamoring that he got hosed, right? what do you say to that? >> i say you're very insightful, melissa. "the washington post" already two days ago, already had a front page attack on the agreement. they don't even have the text yet but the front page attack said, trump trade deal with china, fails to include subsidies. why very prestigious reporter named david lynch. basically says, well in phase two they will deal with subsidies, which is very important. but it is not really criticism. that for me doesn't undermine success of phase one. it will have enforcement

mechanism. no president has ever pulled off anything close to this in the past, melissa. so i think the president will deserve a break from the critics. i think you're right, they will go after him on any pretext they can come up with. melissa: meantime chinese foreign ministry spokesperson condemning u.s. drone strike that killed a military leader in iran, saying power politics is already resented and short-lived. u.s. military adventurism goes against basic norms governing international relations and governs turbulence in the region. china consistently opposes use of force in international relation. >> yes. melissa: they go on and on from there. iran is their ally. you would expect this. >> not treaty ally of the chinese don't have treaties like that with anybody. they buy iranian products. they sell them weapons. they have a close security relationship. this is unfortunate because in a way what we really want china to

do is be cooperative partner with us. melissa: yeah. >> following international law and following international norms. so, they're to be expected to give this proforma criticism. i don't think it destroys the u.s.-china relationship but it shows they're not friendly to us. melissa: i mean there are some places like this, where we have other disagreements. >> yes. melissa: every time people worry that this is weighing on the trade deal, whether you're talking about north korea, whether it is hong kong or now you pile this on top of it, how does it impact those conversations about the deal? >> i would say it has almost no impact, melissa. i think they're expected to make these kind of anti-american pronouncements every now and then. the trade deal itself is a whole separate universe where every word in the agreement has been fought over for 18 months. melissa: yeah. >> the two sides, the 30 chinese who show up, when their delegation comes to washington. and on our side. everybody in the trade talks

business understands what is going on. so, i'm quite, i hate to be too optimistic ever, but i think other frictions we have with china, seem to be growing. those seem to affect the president's success getting this phase one deal. melissa: maybe money is money. michael, thank you. >> thanks, melissa. melissa: see you soon. still ahead, senator lindsey graham says the senate should take matters into its own hands if nancy pelosi does not deliver articles of impeachment by the end of the week. president trump called for a quick end to all of it. first more details after a terrorist killed american service member and two american defense contractors in an early morning attack this weekend on a military base in kenya. a new b, your cash is automatically invested at a great rate. that's why fidelity leads the industry in value while our competition continues to talk. ♪ talk, talk while our competition continues to talk.

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melissa: lou dobbs joining us with a preview what is coming up on his fantastic program. what do you have on tonight? >> thank you, melissa. appreciate it.

great to see you. joining us tonight, former cia analyst fled flights, congressman -- fred fleitz, jim jordan, tom fitton, former reagan white house political director ed rollins, "new york post" pulitzer prize-winning columnist, michael goodwin. we assess all that is happening in the middle east and of course in the swamp itself. we hope you join us at the top of the hour. melissa, back to you. melissa: i will without question. you're such a name dropper. i can't wait to see the show. >> one of my many flaws. melissa: no, none. see you then, lou. >> thank you, melissa. melissa: nato ambassadors meeting in brussels as hundreds of thousands took to the streets in tehran over the killing of qassem soleimani by u.s. drone. benjamin hall is in london. reporter: we heard from the iranians and political

leadership they intend to avenge his death, they intend to retaliate and shed american blood. they have been very clear. we saw that in the huge funeral took place in tehran, political, military leaders speaking out, saying they would attack the white house. they would attack the u.s. homeland. they said they would attack saudi oil facilities, ships in the persian gulf, israel. they also said that they had placed a bounty on president trump's head of $80 million, but then they asked the crowd to donate one dollar each so they could afford it. we heard today from soleimani's successor. he is called is mail ghani. commander of quds force. he was head of operations in afghanistan. he made it clear iran would continue on the legacy and path tsunami made. they would use proxies approved and continue in that way. spoke to leader of hamas. a worrying sign suggesting that the two may be working together in the coming days or weeks.

another announcement out of tehran, nuclear one. they would start ignoring limits set by the 2015 nuclear agreement. they would start enriching uranium and start increasing their centrifuge numbers. they would start collecting materials to build towards an atomic weapon. something the regime wanted for a very long time. middle of these all tensions the u.s. now scaled back its operations in iraq so it can boost defensive measures. they dispatch of the 3,000 troops for caution. from u.s. perspective, u.s. official said there will be no more strikes against iranian targets unless they do something that warrants it. yesterday we had the crucial vote in the iraqi parliament, when they voted to expel all u.s. troops in the country. that is non-binding vote. a lot more procedures to go through before anything happens. a worrisome sign that iraq might be turning against the u.s. melissa: benjamin netanyahu, benjamin hall, thank you, i was looking next to our next story.

let's discuss u.s. strategy on iran with retired marine lieutenant colonel dakota wood, former naval intelligence officer don bremer. thanks for both of you joining us. lieutenantlieutenant colonel woe start with you. where do you think we stand with all of this? do you think we're in safer territory vis-a-vis iran or things have gotten more dangerous? >> i don't like safer versus dangerous. i think conditions have changed and president trump has changed those conditions. he is basically said, look, we'll not tolerate attacks on u.s. personnel. perhaps that increases, you know this, restive, kind of threatening action from iran, but that is just what you have to deal with. it is like criminal cartel comes into a city, the police push back. the cart teledoesn't willingly pull back its operations. it is going to fight back. one of those things you have to push through to show that iran is, we're not going to tolerate

this terrorist activity, attacks against the united states and supporting terrorist elements. melissa: don, do you agree with that analysis? >> absolutely. every threat coming out of iran i look at it, it is something they have already done. they have already attacked our ships. they have already attacked our drones. they have attacked the oil fields in saudi. they have even planned terrorist attacks here in the united states. here in washington, d.c., back in 2011. so what has changed? nothing. everything they're doing or saying they're doing they have already done. that is no change in the rhetoric nor their actions. melissa: yeah. i had benjamin netanyahu on the brain because i was looking at evidence he brought forth a while ago saying iran had been going ahead with all of the nuclear plans, in fact this fall both the bbc and reuters confirm ad report from the international atomic energy agency they had finally gone in, done testing in what the iranians said was a carpet cleaning factory in tehran and in fact they did find

uranium particles. we have not seen a lot of press on this yet at the same time, lt. colonel wood, people saying iran was being peaceful. they were abiding by the nuclear deal and then all of sudden president trump turned on it, now we've had this escalation. why aren't we, why aren't we looking at other evidence they were violating it all along? >> i think we're not historically rooted. 40 years of activity with iran propagating terrorism across the middle east, attacking u.s. personnel. attacking embassies, the whole iranian nuclear deal was a sham to begin with. they never allowed inspections of the secret military facilities. you know, it has been one action after another. we finally have a president who is willing to say enough is enough. we're going to change the way we're approaching this from pure diplomacy and sanctions to actual military reprisals of some type. it is iran.

it attacked saudi oil fields. it has attacked international tankers, it has taken people hostage so when is enough enough? i agree with the other comment tore. this is nothing new iran. this is finally the united states saying we'll not put up with anymore of this. melissa: that is the binary choice so many commentators brought up that we tried buying them off. we tried saying this is enough. do you think there is support in the global community though for the president's approach now? >> i think the global community will be cautious but i think overall, look at allies, especially the united kingdom, they are standing behind us in this. they're seen as ally of the united states. so any threat against us, they should consider a threat against them. in long term, when it is, u.s. forces on ground and other allies on the ground, they are just as much at risk as our own troops are. we should take that into

consideration as should they. melissa: dakota wood, don bremer, thanks for joining us. >> thank you. melissa: coming up president trump calls for quickened to impeachment while his former national security officials say he will testify before the senate if he is subpoenaed. later in the show, another horrifying attack on americans south of the the border. this time a 13-year-old boy returning home with his family after visiting relatives for the holidays shot and killed in cold blood.

♪. melissa: senator lindsey graham is accusing house speaker nancy pelosi of playing political games and delaying the president's senate impeachment trial. graham says the senate will take matters into its own hands. if pelosi doesn't deliver the articles by the end of the week. he spoke this morning with our own maria bartiromo. >> they're trying to hold these articles over the head of the president. i think the reason they're not sending them because they're so weak, it's a pathetic case. they're looking to add something. so the sooner this trial is over, better for the american people and so what i would do, if she continues to refuse to send the articles as required by the constitution, i would work with senator mcconnell to change the rules of the senate

so we could start the trial without her if necessary. melissa: let's bring in former federal prosecutor jim trusty to just how all of this could play out. first of all, can they do that and do you think it's a good idea? >> it is all uncharted territory starting with holding them hostage. the fact that the impeachment articles were passed by house and not forwarded is crazy new territory, this is something they're headed towards would benefit the president, something to amotion to dismiss or failure to stake a claim or failure to prosecute instead of substantively going through witnesses. pelosi thinks they can hold this short, if they pass a rule we can dismiss it a failure to act that will be a problem for her. melissa: that is so interesting. how quickly could they do that. >> no precedent for any of this. it is all new territory. since it is a political exercise, not one inherently going to a courthouse they could move pretty quickly.

smart thing, put a deadline on it, say the articles have to be here within a week or we'll entertain a motion to dismiss. set up the record, show she is not complying. set up a motion to dismiss. melissa: don't you think at that point run over with the articles? >> ten minutes before. we're all about truth an honesty, yeah. melissa: there are those on the democratic side opposed to president saying now we have new evidence. we have these emails that are the smoking gun. they show that the president's office intervened in light of new evidence, should the house then take back the articles and amend them now? would that be a strong move on their part? >> they may have political calculation more than a legal one. i do think there is serious fatigue is creeping in here. melissa: oh, yeah. >> frankly, if they, if they continue to cheapen the currency of impeachment, by playing games procedurally, that is losing more and more appeal. if you look historically at least in nixon's impeachment, as

the evidence got brought forward it began to be more bipartisan and traction that didn't happen in the house here. they need kind of a long shot miracle moment of something new to generate any potential for removal. melissa: speaking of that, is that former national security advisor john bolton who said before he would let the courts decide, he would wait to see if he was forced to go. now he is saying there isn't time for that. if he gets subpoena he will go ahead and show up? >> there is couple things here. not entirely bolton's call. if he get as subpoena, says he will come to comply, doesn't mean the white house can't file a motion to quash to tie it up in the court. i think bolton is a different temperment than rudy giuliani, a similar risk to the white house. he could say things very helpful but say things very damning. democrats are viewing enemy of my enemy is my friend. melissa: right. >> he is out of sorts with the president, might say things that move the needle much more than it has been moved to date.

melissa: right. so you think if he started to come forward the president would jump in the way, file some sort of a legal action to stop him? >> i think so. the president had a couple different views how the senate removal trial should go. i think if i'm representing the president, i'm saying look there is no momentum right now. melissa: yeah. >> there is no federal offense been violated. they know it was sham of a due process. let's not dignify it. only get in and out. it can only get worse by calling witnesses. >> call it a win. jim, thank you. >> thank you. melissa: up next, cold-blooded killers murdered a 13-year-old american boy south of the texas border as he traveled home with his family. we'll have the story when we come back. where did it come from?

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>> another deeply disturbing attack south of the border to tell you about. a 13-year-old boy, an american citizen was shot and killed after gunmen ambushed his family as they drove home after visiting relatives in mexico for the holidays. it happened just south of the texas border. excuse me. three others were in the car where he was wounded. joining us now is national border patrol vice president. art, i'm sorry, can you tell me how could something like this happen? >> you know what? it's just the violence that continues to plague down there. and it's -- look, i grew up on

the border, so i've been seeing it for quite some time. fortunately, now, it comes more to light and the american public and everyone realistically is more aware of it happening, and they're told about it. but it's something that, you know, has been happening for years. i grew up down there. i've seen, you know, the violence that happened. i've seen -- they are heartless. you have these criminals, cartels, and they are heartless. they are heartless to what they are doing. they don't care whose lives they interfere in, whose lives they ruin. it could be a 13-year-old american boy. it could be a 13-year-old boy from their own country. they don't care. it is a true eye opener and it shows you the reality of how close that violence is and it doesn't just stop there. their criminal enterprise, you know, it stretches out into the united states. and that's something that everyone needs to remain vigilant and be aware of. melissa: thank you for bearing with me. let me ask you, you know, my understanding of the story is that they were just on a

dangerous stretch of highway. that's it. is it possible that that's all it was? >> you know, obviously someone is investigating it still at this time, but from experience and seeing what goes on down there, you don't know. it could have been mistaken identities. they could have seen the vehicle that could have resembled of another vehicle of someone they were thinking of coming through. i often heard something being said that they were traveling during the nighttime, and that's something to be aware of. you know, it's -- it doesn't matter whether it be daytime or nighttime. we saw the horrific events, you know, a couple months ago, and those were during the day. these people don't have any regards for human life. they don't respect anyone. melissa: what is the larger lesson here? some see this and they say that's why people are fleeing over the border because there's no rule of law. >> you know, the bottom line is, we need to secure or nation's borders. i always tell people, i'm not trying to scare you away from doing anything, but, you know, everything that you could do on vacation there for, you can do

it here. melissa: yeah. they were visiting family. thank you very much for joining us. we appreciate your time tonight. and thanks for bearing with me there. >> thank you. melissa: thank you for watching. lou dobbs is up next right here on fox business. lou: good evening everybody. president trump has warned iran that he will not tolerate iranian threats or attacks against americans or american interests. and as iran announced, it has suspended compliance with the iranian nuclear deal, president trump declares emphatically that iran will never possess a nuclear weapon. the iranian regime's rhetoric rising in bellicoseity after president trump ordered the elimination of the terrorist leader of the quds force general soleimani. president trump reminding many of the democratic radicals